Ashwani Kumar Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1017 of 2018 In Civil Writ Jurisdiction Case No.13645 of 2017 ====================================================== Ashwani Kumar Sharma S/o Vikramaditya Sharma, resident of Village Chanchakka, P.S. Kuchaikot, District - Gopalganj. ... ... Appellant
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
D.G. of Police, Bihar, Patna.
3.
A.D.G. Wireless and Technical Service, Bihar, Patna. 4.
I.G., Darbhanga Zone, Darbhanga.
5.
D.I.G. Purnea Range, Purnea.
6.
S.P., Kishanganj.
7.
S.P. Wireless, Bihar, Patna.
8.
A.D.G. Rail Bihar, Patna.
9.
S.P. Rail Katihar.
10.
Dy. S.P. Rail, Katihar.
11.
Chandan Kumar S/o Sahabir Prasad, resident of Nanfar, P.O. Nagra, P.S. Marhaura, District Saran.
... ... Respondents ====================================================== Appearance :
For the Appellant/s :
Mr.Shruti Sinha, Advocate For the Respondent/s :
Mr.Prabhat Kumar Verma -AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-02-2020 I.A. No. 5409 of 2018 Having heard learned Counsel for the parties, we are satisfied that the delay has been sufficiently explained. The delay condonation application is allowed. The appeal shall be treated to be within time.
Patna High Court L.P.A No.1017 of 2018(5) dt.27-02-2020 2/3 L.P.A. No. 1017 of 2018 This memo of appeal is directed against the order dated 25.04.2018 passed in C.W.J.C. No. 13645 of 2017 (Chandan Kumar and Anr. vs. The State of Bihar and Ors) passed by the learned Single Judge of this Court to the extent it relates to appellant no. 2 when by the writ petition, with respect to him has been dismissing saying "As far as the petitioner no. 2 is concerned, the petitioner no. 2 has failed to show that his case was not sent within time where as on the contrary the respondents have stated that there was no delay in sending the application of petitioner no. 2 hence the case of petitioner no. 2 deserves no consideration thus, the writ petition quo the petitioner no. 2 is dismissed or for any other order or orders which this Hon'ble Court may deem fit and proper under the circumstances of this case."
Finding the Court not to be in favour of submission made across the bar, learned counsel for the Appellant states that Appellant shall be content, if liberty is granted to Appellant to approach the authorities venting out his grievances with a further direction for expeditious disposal thereof. As such, the Appeal is disposed off with liberty to Appellant to approach the authority for venting out his
Patna High Court L.P.A No.1017 of 2018(5) dt.27-02-2020 3/3 grievances and as and when any such representation is received, same shall be considered and decided by the authority concerned in accordance with law and with reasonable dispatch. The L.P.A. stands disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) ved/- U